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SOUTH LOOKING GLASS DRAIN. DIST. BD. v. GRAND TRUNK W.R.R. CO.

Calendar No. 47,892.

357 Mich. 215 (1959)

98 N.W.2d 543

SOUTH LOOKING GLASS DRAINAGE DISTRICT BOARD v. GRAND TRUNK WESTERN RAILROAD COMPANY.

Supreme Court of Michigan.

Decided October 12, 1959.

Attorney(s) appearing for the Case

Rosenburg, Painter & Stanton, for plaintiffs.

F.B. Henderson and E.C. Opperthauser, for defendant.

KAVANAGH, J.

Plaintiff-appellant filed a petition for a writ of mandamus in the circuit court under the provisions of CLS 1956, §§ 280.421, 280.422 (Stat Ann 1957 Cum Supp §§ 11.1421, 11.1422).

CLS 1956, § 280.421 (Stat Ann 1957 Cum Supp § 11.1421), provides, in part, as follows:

"Whenever any person shall obstruct any established drain, it shall be the duty of the commissioner to cause such obstruction to be removed....

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